Kochi: Justice Rohinton Nariman has lambasted protests and agitations in the state against the Supreme Court verdict allowing women in the age group of 10-50 to enter the Sabarimala Temple. In a scathing observation Justice Nariman had stated that “Organised acts of resistance to thwart the implementation of this judgment must be put down firmly”.
Highlighting the emergence of the idea of ‘rule of law’ and its prevalence over centuries Justice Nariman dealt in detail on the obligation of the governments, legislators and other public authorities concerned in upholding the same. “The Constitution places a non-negotiable obligation on all authorities to enforce the judgments of this Court. The duty to do so arises because it is necessary to preserve the rule of law. If those whose duty it is to comply were to have discretion on whether or not to abide by a decision of the court, the rule of law would be set at naught”.
Making clear that the executive is not having any option other than to comply with court order, the dissenting judgment of Justice Nariman said “Compliance is not a matter of option. If it were to be so, the authority of the court could be diluted at the option of those who are bound to comply with its verdicts”. The judge however stated that he is not against bona fide criticism of the apex court verdicts. “Bona fide criticism of a judgment, albeit of the highest court of the land, is certainly permissible, but thwarting, or encouraging persons to thwart, the directions or orders of the highest court cannot be countenanced in our Constitutional scheme of things”.
Justice Nariman made his displeasure against the protest and agitations by referring to an argument made by some ‘review petitioners that, given the fact there have been mass protest against the implementation of this judgment, we ought to have a re-look at the entire problem”. He had also referred the argument made by senior counsel Indira Jaising for implementing the earlier judgment in letter and spirit by highlighting the physical and other abuses suffered by women, including Dalit ladies, who have made an attempt to enter the Sabarimala Temple.
